SPORT-BLX, Inc. v. Salerno et al
| SPORT-BLX, Inc. |
| Michael M Salerno, Northeast Professional Planning Group, Inc., John and Jane Does 1-4, XYZ Corps. 1-4 and Cypress Holdings, III, L.P |
| 1:2022cv08111 |
| September 22, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Stockholders Suits |
| 28 U.S.C. § 1441 nr Notice of Removal |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 NOTICE OF APPEARANCE by Wiliam Alexander Harris on behalf of SPORT-BLX, Inc...(Harris, Wiliam) |
| Filing 20 NOTICE OF APPEARANCE by Jonathan S. Sack on behalf of SPORT-BLX, Inc...(Sack, Jonathan) |
| Filing 19 NOTICE OF APPEARANCE by Edward M. Spiro on behalf of SPORT-BLX, Inc...(Spiro, Edward) |
| Filing 18 LETTER addressed to Judge Lorna G. Schofield from A. Ross Pearlson, Esq. dated October 28, 2022 re: Order Dated October 17, 2022 (ECF No. 14). Document filed by Cypress Holdings, III, L.P, Northeast Professional Planning Group, Inc., Michael M Salerno. (Attachments: #1 Affidavit of Michael M. Salerno).(Pearlson, Alan) |
Filing 17
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Deposition due by 2/14/2023. Fact Discovery due by 3/14/2023. Expert Discovery due by 4/28/2023. Counsel for the parties have conferred and their present best estimate of the length of trial is 7 days. This case is to be tried to a jury. Telephone Conference set for 5/17/2023 at 04:20 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 10/18/2022) (mml)
|
|
Filing 16
ORDER: It is hereby ORDERED that the October 19, 2022, initial pretrial conference is cancelled. If the parties believe that a conference at this time would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that the stay of discovery in the Cypress action, 22 Civ. 1243, is lifted. It is further ORDERED that if Defendants seek to file motions to dismiss, they shall file pre-motion letters pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 10/18/2022) (tg)
|
| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by SPORT-BLX, Inc...(Stecklow, Wylie) |
|
Filing 14
ORDER granting in part and denying in part #8 Letter Motion to Compel. Application GRANTED in part and DENIED in part. By October 28, 2022, Defendants shall file a letter attaching one or more affidavits from a person or persons with personal knowledge attesting to the facts required to establish citizenship of each of the general and limited partners of Cypress Holdings III, L.P. ("Cypress"). To the extent the partners of Cypress are themselves partnerships, limited liability companies or the like, the affidavit(s) shall also address the citizenship of the partners, members, etc. of Cypress's partners, and so on until complete diversity has been established pursuant to 28 U.S.C. 1332, 1441. The affidavits need not identify the names or locations of the persons or entities. See Jean-Louis v. Carrington Mortg. Servs., LLC, 849 F. App'x 296, 298 (2d Cir. 2021) (summary order) ("Jean-Louis argues that, despite the sworn affidavit submitted by CMS affirming that none of its members are citizens of New York, CMS's status as an LLC requires it to specifically identify the names and locations of each individual member of the LLC as proof that no members are citizens of New York. We disagree. The sworn affidavit traced CMS's ownership and identified the citizenship of its member limited liability companies, limited partnerships (general and limited partners included), and private individuals, and established that CMS is not a citizen of New York. Thus, we affirm that CMS met its burden to show diversity of citizenship."). (Signed by Judge Lorna G. Schofield on 10/17/2022) (jca)
|
| Filing 13 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from A. Ross Pearlson dated October 14, 2022 re: #8 LETTER MOTION to Compel Defendants to Produce Informal Jurisdictional Discovery (or for summary remand), given the failure to allege the identities or individual citizenship of members of a complex entity addressed to Judge Lorna G. Schofi . Document filed by Cypress Holdings, III, L.P, Northeast Professional Planning Group, Inc., Michael M Salerno. (Attachments: #1 Exhibit A - Email Dated October 10 2022).(Pearlson, Alan) |
| Filing 12 NOTICE OF APPEARANCE by Wylie M. Stecklow on behalf of SPORT-BLX, Inc...(Stecklow, Wylie) |
|
Filing 11
MEMO ENDORSEMENT on re: (51 in 1:22-cv-01243-LGS) Letter filed by George Hall, Sport-BLX, Inc., Joseph Deperio, (10 in 1:22-cv-08111-LGS) Letter filed by SPORT-BLX, Inc. ENDORSEMENT: The Cypress and Sport-BLX cases, 22 Civ. 1243 and case 22 Civ. 8111 respectively, shall be coordinated for purposes of discovery. Until the close of all discovery, the parties shall include both case captions on all filings that pertain to discovery or that otherwise pertain to both cases, and the parties shall file all such documents on both dockets. The parties' request to adjourn the initial pretrial conference is DENIED. As soon as possible, and no later than October 17, 2022, the parties shall file a proposed civil case management plan and scheduling order pursuant to the Court's prior orders. (Signed by Judge Lorna G. Schofield on 10/13/2022) (tro)
|
| Filing 10 JOINT LETTER addressed to Judge Lorna G. Schofield from Remy Green dated 2022-10-12 re: Joint Letter as Directed by the Court (also filed as Dkt. No. 51 on Docket 22-cv-1243(LGS)). Document filed by SPORT-BLX, Inc...(Green, Remy) |
|
Filing 9
ORDER with respect to #8 Letter Motion to Compel. By October 14, 2022, Defendants shall file a responsive letter, not to exceed three pages. So Ordered. (Signed by Judge Lorna G. Schofield on 10/11/2022) (mml)
|
| Set/Reset Deadlines: Responses due by 10/14/2022. (mml) |
| Filing 8 LETTER MOTION to Compel Defendants to Produce Informal Jurisdictional Discovery (or for summary remand), given the failure to allege the identities or individual citizenship of members of a complex entity addressed to Judge Lorna G. Schofield from Remy Green dated 2022-10-10. Document filed by SPORT-BLX, Inc...(Green, Remy) |
|
Filing 7
ORDER: It is hereby ORDERED that, by October 12, 2022, at 12:00 P.M., the parties shall file a joint letter stating their positions on whether this case should be consolidated with the Earlier-Filed Action or coordinated for the purposes of discovery or otherwise. It is further ORDERED that an initial pretrial conference is scheduled for October 19, 2022, at 4:20 P.M. ( Initial Conference set for 10/19/2022 at 12:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/5/2022) (ate)
|
| Filing 6 AMENDED NOTICE OF REMOVAL against SPORT-BLX, Inc.; amending #3 Notice of Removal,.Document filed by Northeast Professional Planning Group, Inc., Cypress Holdings, III, L.P, Michael M Salerno. Related document: #3 Notice of Removal,. (Attachments: #1 Exhibit A to Amended Notice of Removal, #2 Exhibit B to Amended Notice of Removal, #3 Declaration of Service).(Pearlson, Alan) |
| Filing 5 NOTICE OF APPEARANCE by Remy Green on behalf of SPORT-BLX, Inc...(Green, Remy) |
| Set/Reset Deadlines: Amended Pleadings due by 10/7/2022. (mml) |
|
Filing 4
ORDER: It is hereby ORDERED that, by October 7, 2022, Defendants shall file an amended notice of removal that sufficiently alleges the requirements of removal jurisdiction on the basis of diversity of citizenship, or a letter stating why the case should not be remanded to state court. (Signed by Judge Lorna G. Schofield on 9/28/2022) (mml)
|
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-01243-LGS. Notice of Assignment to follow. (aea) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alan Ross Pearlson. The following case opening statistical information was erroneously selected/entered: Dollar Demand $35,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State;. (jgo) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #3 Notice of Removal,. Filing fee $ 402.00. Pay.gov receipt number BNYSDC-26719483, paid on 9/22/2022..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 22-cv-1243. (jgo) |
| Filing 3 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 652732/2022..Document filed by Northeast Professional Planning Group, Inc., Cypress Holdings, III, L.P, Michael M Salerno. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 Affidavit Declaration of Service).(Pearlson, Alan) |
| Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-01243. Document filed by Northeast Professional Planning Group, Inc., Michael M Salerno, Cypress Holdings, III, L.P..(Pearlson, Alan) |
| Filing 1 CIVIL COVER SHEET filed..(Pearlson, Alan) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
